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- Xref: sparky alt.dads-rights:3476 soc.men:23186 soc.women:23011 misc.legal:23221
- Newsgroups: alt.dads-rights,soc.men,soc.women,misc.legal
- Path: sparky!uunet!cs.utexas.edu!uwm.edu!linac!att!cbnewsk!noraa
- From: noraa@cbnewsk.cb.att.com (aaron.l.hoffmeyer)
- Subject: Re: Sexual Discrimination
- Organization: AT&T Bell Laboratories
- Date: Sun, 24 Jan 1993 11:55:36 GMT
- Message-ID: <1993Jan24.115536.26267@cbnewsk.cb.att.com>
- References: <1993Jan23.102416.8212@cbnewsk.cb.att.com> <1993Jan23.162445.22930@noose.ecn.purdue.edu>
- Lines: 132
-
- >In article <1993Jan23.102416.8212@cbnewsk.cb.att.com>, noraa@cbnewsk.cb.att.com (aaron.l.hoffmeyer) writes:
-
- [about an idea for filing sexual discrimination suits against the courts
- or states for blatant sexual dsicrimination against men....]
-
- In article <1993Jan23.162445.22930@noose.ecn.purdue.edu> garrod@dynamo.ecn.purdue.edu (David Garrod) writes:
-
- >The laws for federal law suits are slightly different from state laws.
- >The biggest difference is that the loser gets to pay for the attorney
- >fees of the winning party. States have bottomless pockets when it
- >comes to defending legal action. Any father`s group would have to
- >probably post bond and would also probably run out of money to keep
- >up the case as the state finds one method after another to delay things
- >and run up costs.
-
- The suits could be filed at the county level, the state level AND/OR
- the federal level.
-
- > If I was the state defending such an action I would take
- >depositions from virtually every judge, lawmaker in the state. The
- >attorney representing the fathers would have to be present to ask
- >questions in rebuttal and cost of hours alone could run to megabucks.
-
- The goal here is not to win one or 52 or 4500 different suits. The
- goal primarily is to really shake things up. There are about eight
- lawyers that are active in the local fathers' rights group. In the
- past, one of these folks lent a great deal of personal time and effort
- for no fee towards just such a suit. Members could be involved in
- their free time. Frankly, I don't care what the FED, states or
- counties would do to try to defend themselves or what the cost is for
- such litigation. The goal is not to tie up, swamp and overload the
- system. The goal is to open their eyes.
-
- This is my point....
-
- Are the domestic relations courts of the US practicing sexual
- discrimination? If no, then everything is hunky-dory and we are all
- wasting our time, churning our wheels, whining and crying over
- nothing. If yes, then we have a moral imperative to ourselves, our
- children, their progeny, to society and to intellect itself to see that
- these wrongs are corrected.
-
- The latter seems to be the case, and seems to be the way we are
- responding.
-
- We can do this, one day at a time, one small battle at a time, and
- slowly convince all the judges and referees and attorneys and
- legislators and presidents and fathers and mothers and children that
- things are not right. And when we have convinced either a vocal and
- powerful majority, or a very powerful plurality that justice and right
- are not being served, then things will change. We can do this by
- laying back, getting our one hour every decade on *48 Hours* and our
- two editorials in the paper a year, and our one, two or three
- representatives on some state commission, and things will eventually
- even out ... maybe in a decade, maybe two, maybe three ... maybe it
- will take 100 years. Who knows?
-
- Or, we can do something major, something dramatic, something that would
- have immediate and far-reaching consequences. When the Supreme Court
- ruled, as it did all those years ago, that abortion should be
- legalized, the effects were immediate and profound. If the Supreme
- Court rules that fathers have been summarily discriminated against in
- domestic relations and juvenile courts and by state statutes in
- virtually every state, well....
-
- There are many ways to attack this problem. What I am proposing is that
- we *seriously, very seriously* consider using this legal system, which
- has defiled an entire gender, against itself. I don't have the
- specifics worked out--I'm soliciting for ideas.
-
- The more I thought about this idea, the more I liked it. There are
- many ways it can be done--with one model case that goes to the Supreme
- Court, or with many cases, intended primarily to garner attention to
- our plight, get legislators off their duffs, and get court officials to
- recognize that they can be and will be held accoutable for their sexist
- beliefs and acts.
-
- Logic, reason, intelligence and morality hang in the balance--waiting
- for us to right this wrong. Our children are waiting. Their children
- may have to wait.
-
- Finally, I'd like to conclude with some data that Bob Kirkpatrick
- recently posted....
-
- >I ran across this while doing some file searches the other day. It's kind
- >of interesting. These are for the year 1990, and doesn't seems to give all
- >of the reports. More on this below.
- >
- >What's startling is the total of cases: 982 for one year...
- >I sure hope these are statewide and not county.
- >
- >
- > 1 2 3 4 5 6
- >Verified Case ......................... 144 091 177 159 133 278
- >Terminations ......................... 061 020 101 006 040 065
- >Foster Care ......................... 022 039 018 013 033 011
- >Guardianships ......................... 052 009 055 020 026 034
- >Returns ......................... 009 023 003 120 034 168
- >
- >Category Definition
- >
- >1: Males 15-20 Verified Cases consist of physical abuse to
- >2: Males 21-25 biological offspring which required hospital-
- >3: Males 26-up ization on more than 3 occasions.
- >
- >4: Females 15-20 Terminations are where the parental rights were
- >5: Females 21-25 revoked. Foster Care is semi-permanent placement
- >6: Females 26-up of the children. Guardianships are temporary
- > placements (18 mo. or less). Returns are where
- > the child was returned to the care of the parent.
- >
- >This *seems* to indicate that incidence of female perpetrated abuse is about
- >5-30% greater than male perpetrated abuse. These figures don't _appear_ to
- >take into account whether there was more than one child in the home or not,
- >and only deals with cases where intervention by the Juvenile Court system
- >was invoked. So cases from divorce and/or non-parent abuses are absent. CPS
- >only cases (cases which didn't come to court) are also apparently absent.
- >What I find a bit disturbing is the breakdowns --how the courts react to men
- >versus women in these cases.
-
- So, in this sample, the women categorically abused children more than
- men. Yet, when they did, they were much less likely to suffer the
- consequences that the men faced. In verified cases for women abusers
- less than age 20, 120/159 had their children returned to them, but for
- men in the same age group, only 9/144 got their children back.
-
- Isn't this sexual discrimination? Isn't it also representative of the
- plight of men in the American judicial system? Aren't we morally
- obligated to fix this problem?
-
- Aaron L. Hoffmeyer
- TR@CBNEA.ATT.COM
-